Do you Need an Aquaculture Licence?
It is a legal requirement under the Fish Resources Management Act 1994 that a person who keeps, breeds, hatches or cultures fish must hold an Aquaculture Licence.
A number of exceptions to this requirement are provided for in the Fish Resources Management Regulations 1995. These include:
- keeping fish for non-commercial purposes
- keeping fish, except marron, for display or ornamental hobby purposes
- keeping fish for display or ornamental purposes in retail establishments
- keeping fish for display in public aquaria or an oceanarium
In respect to point 2 above, this does not preclude the keeping of marron in a home aquarium provided they are not kept for the purpose of swapping, trading, sale, exchange or part of a hobby or commercial activity.
Are you undertaking Aquaculture activities for'Commercial' Purposes?
Under the Fish Resources Management Act 1994, the term 'commercial purpose' means
"for the purpose of sale or any other purpose that is directed to gain or reward".
Are you undertaking Aquaculture activities for 'Hobby' Purposes?
The keeping, breeding, hatching or culturing of fish for 'hobby' purposes, even if an incidental income is generated by the activity, is a specific exception to the requirement that a person hold an Aquaculture Licence. A hobby purpose can be taken to exist where:
- the purpose of the activity is primarily a hobby, or is for recreational purposes; and
- the activity was not entered into for the purpose of income generation or profit making; and
- the activity does not result in a profit, or if it results in a profit, the profit is not sufficient to render the activity commercially viable.
In addition to the above three points, there are a number of other factors which may be relevant to the question of whether fish are being kept for commercial rather than 'hobby' purposes. These factors relate to whether or not the activity is carried on in the same way as a business enterprise is conducted, and include:
- keeping records
- advertising fish for sale
- using a registered business name
- the level of capital invested
- the existence of a prepared business plan
- undertaking market research
- the scale on which activity is conducted
- the regularity of commercial transactions
- borrowing money at commercial rates
What is meant by the 'Keeping' of Fish
The 'keeping' of fish and may infer something more that the mere 'holding' of live fish and may include, for example, the growout of fish, feeding of fish or providing artificial habitat or shelter for fish. There may be a requirement for you to possess a Fish Processors licence if you are holding fish for subsequent packaging and marketing. Contact the Department of Fisheries if you are unsure.
Yabbies, Koonacs and Gilgies
Any person selling yabbies, koonacs and gilgies from a dam or lake on private land in the area permitted for farming these species, does not require an Aquaculture Licence if;
- the person is the owner or occupier of the land; and
- the yabbies, koonacs and gilgies are sold to a person who is authorised by an Aquaculture Licence to purchase the fish.
Other Government Agencies
If you determine that you are not conducting a business that requires an Aquaculture Licence, your activities as a hobbyist may still need the approval of the Waters and Rivers Commission, your Local Government authority or the Department of Environmental Protection. You should check with these authorities before continuing your activities.
Please Note
The regulation of aquaculture activities is provided for in the Fish Resources Management Act 1994 (in particular Sections 90 & 91) and the Fish Resources Management Regulations 1995 (in particular Regulation 68).
The information on this page should assist you in determining whether your aquaculture activities are commercial or not for the purposes of the Fish Resources Management Act 1994. It is not intended as a checklist. Even if you can discount one or all of the elements outlined above it does not automatically mean you are not carrying on a business.
If your activities are carried out for a commercial purpose, or are not for hobby purposes, then you should apply to the Department of Fisheries for an Aquaculture Licence.
For further assistance, or should you wish to apply for an Aquaculture Licence, please contact the Department of Fisheries to obtain the required Application form.
Application Enquiries
All application enquires can be made here.
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